1 2 3 4 5 FEDERAL AVIATION ADMINISTRATION

In the Matter of: Docket No. ROMNEY CYCLE CENTER, FAA-2015-0203 6 Respondent. 7 8 9 10 The prehearing status conference via 11 telephone in the above-entitled matter 12 commenced on Tuesday, March 22, 2016, at 9:35 13 a.m. 14 15 16 17 18 19 BEFORE: THE HONORABLE J.E. SULLIVAN U.S. Administrative Law Judge

20 Reported by: Melissa G. Fleming 21 22 23 24 252 

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1 A P P E A R A N C E S 2 3 ON BEHALF OF THE COMPLAINANT: 4 5 6 7 8 9 10 11 12 JEANINE C. GOTIMER, ESQ. Federal Aviation Administration Enforcement Division Northeast Team 1 Aviation Plaza Jamaica, New York 11434 (718) 553-3272

13 ON BEHALF OF THE RESPONDENT: 14 15 16 17 18 19 20 21 22 23 24 25 BRIAN W. STOLARZ, ESQ. Leclair Ryan 2318 Mill Road Suite 1100 Alexandria, Virginia 22314 (703) 684-8007 Brian.Stolarz@leclairryan.com



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1 P R0 CE E D I N GS 2 3 JUDGE SULLIVAN: We're on the record 4 in the matter of Romney Cycle Center. This is 5 Docket Number FAA-2015-0203. 6 Today is Tuesday, March 22nd, 2016, 7 and the parties have convened by telephone for 8 anotherprehearing status conference. I 9 believe according to the notes I made, this is 10 the secondprehearing status conference with 11 the last conference having been held on 12 February 4, 2016, duringwhich time-- I'm 13 sorry, February 24, 2016. 14 I apologize, folks. I just got off 15 the phone with somebody else and I'm running 16 into the problem of looking at the file and 17 trying to findmy place. Let me try again. 18 Essentially theparties have last 19 convened on February 4, 2016 for a prehearing 20 status conference and at that time they agreed 21 that thematter wouldbenefit greatly from 22 some informal discussions before they next 23 convened. 24 As a result on February 4, 2016, an 25 order directing the parties to discuss the


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1 case and setting a second prehearing status 2 conference was filed setting the matter to 3 today's date and time. 4 It was my understanding from the last 5 conversation we had that the parties would 6 have an informal meeting on February 24, 2016 7 with the FAA initiating the telephone call. 8 After that meeting, the parties would 9 reconvene today and tell me the status of the 10 case. 11 So, Ms. Gotimer, why don't I turn to 12 you first. What is the status of the case at 13 this point? 14 MS. GOTIMER: Your Honor, the parties 15 have agreed to a settlement and we need to 16 draft the settlement documents. 17 JUDGE SULLIVAN: And when will you be 18 doing that? 19 MS. GOTIMER: Mr. Stolarz and I have 20 agreed that we would have those signed 21 documents by the end of next week. 22 JUDGE SULLIVAN: And when you say have 23 them by the end of next week, does that mean 24 that you will have them filed with me by April 25 1, 2016, or are you talking about just


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1 transferring themback and forth between the 2 two of you? 3 MS. GOTIMER: We were hoping to have 4 them filed with you byApril 1. 5 JUDGE SULLIVAN: Okay. Anything else 6 you'd like to saybefore I turn to 7 Mr. Stolarz? 8 9 MS. GOTIMER: No. Thank you. JUDGE SULLIVAN: Mr. Stolarz, anything 10 you would like to add or correct to that 11 summary of the parties' status of the case? 12 MR. STOLARZ: Counsel is correct. I 13 would state for the record that I want to note 14 the professionalism in the way inwhich the 15 FAA attorney handled this one. I was very 16 thankful for her ability to go back and speak 17 to herpeople and address this matter. 18 So I really want to thank her for her 19 willingness to listen and thank you, Your 20 Honor, for giving us the chance to talk it out 21 before the hearing. 22 And if-- you know, I'm out this 23 springbreak. I know that she is out next 24 week. If we -- if Your Honor couldbe 25 inclined to give us more time that's needed


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1 for the settlement agreement, then I'dbe fine 2 with that, too. I just want to make sure that 3 everyone has enough time tomake sure that the 4 settlement agreement is done. 5 JUDGE SULLIVAN: Okay. Thank you. 6 Well, I appreciate hearing from either 7 counsel whenever they're pleased and happy 8 with the work of their friend across the 9 aisle. 10 So, Ms. Gotimer, it's delightful to 11 hear that you're doing so well with your 12 colleagues. Thank you. 13 I will note that there has already 14 been a notice of hearing location issued in 15 this case dated March 10, 2016. The hearing 16 is currently set to begin onMay 17, 2016. 17 So why don't we do this, instead of 18 scheduling another prehearing status 19 conference, which I know takes time andmoney 20 since the FAA is paying for the court reporter 21 and the transcript, why don't we schedule a 22 due date for filing the documents. And if you 23 cannot meet that due date, then contact the 24 attorney who works withme. His name is Cody 25 L. Smith, and let him know and tell himwhen



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1 you think you can, if you haven'tbeen able to 2 meet the first deadline and we want to talk a 3 littlebit about that. Because if you don't 4 ever file settlement papers, you have to show 5 up for the hearing and you don't want to do 6 that obviously if you don't have to. 7 So isApril 1, 2016 a reasonable 8 deadline for you to get everything into this 9 Court so that I can issue a dismissal, or do 10 you want to tweak that date a littlebit? 11 Ms. Gotimer, startingwith you? 12 MS. GOTIMER: I think it would be 13 beneficial if we could tweak that. 14 JUDGE SULLIVAN: What would you like 15 it to be? 16 MS. GOTIMER: Maybe one week out from 17 that, April 8. 18 JUDGE SULLIVAN: Mr. Stolarz, would 19 that work for you as well? 20 MR. STOLARZ: Yes. It would be better 21 for all parties. That's fine, yes. 22 JUDGE SULLIVAN: Okay. What I'm going 23 to do is I'm going to set a deadline ofApril 24 8, 2016 for submission of settlement 25 documents. If you don't have those filed by



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1 April 8, 2016, contactMr. Smith and you can 2 do that very informally. You can get on the 3 phone and call him or E-mail him, you may have 4 done already, andjust note that, you know, 5 you need a little extra time and tell himwhat 6 that time is and then he and I will adjust 7 that deadline accordingly inmy tick calendar. 8 Because the way I runmy docket is if 9 I have a deadline set, I'mgoing to pull that 10 case on that date and saywhere are those 11 documents. 12 So April 8, 2016 is basically a 13 document submission deadline date. If you 14 want to get it in earlierthan that, feel 15 free. If you can'tmeet that deadline, then 16 please notifyMr. Smith so that we can change 17 the docket. 18 If we don't hear anything from you, 19 then I'll set up another telephone conference 20 and I'll blind set it andjust set up a date 21 that is convenient to me and send out an order 22 and tell youboth to appear, which I prefer 23 not to do at all, but that's my default if I 24 don't have something inhand. 25 Ms. Gotimer, anything else we can


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1 address for you, any questions you might have 2 about that process? 3 MS. GOTIMER: No, Your Honor. I just 4 wanted to also thankMr. Stolarz for his 5 professionalism. 6 JUDGE SULLIVAN: Thank you. And, 7 again, it's just a pleasure for the Court to 8 hear about all these wonderful dialogues going 9 on between counsel. 10 Mr. Stolarz, you have been 11 complimented by your friend across the aisle. 12 Thank you verymuch for your wonderful work in 13 representing your client. 14 Is there anything else that you on 15 behalf of your client would like to ask about 16 or address before we close this morning? 17 MR. STOLARZ: No. I think we're done. 18 Thank you, Your Honor, for everything. 19 JUDGE SULLIVAN: Okay. Thank you. It 20 appears our business is complete. With that, 21 we can go off the record and I excuse me, 22 before we go off the record, I look forward to 23 receiving your materials on or beforeApril 8, 24 2016. 25 With that, we can go off the record


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1 and I wish you all a good day. Thank you. 2 3 4 5 MR. STOLARZ: Thank you. MS. GOTIMER: Thank you. JUDGE SULLIVAN: Bye-bye. (Whereupon, at 9:43a.m., the 6 conference was concluded.) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25



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1 CERTIFICATE OF REPORTER 2 3 I, Melissa G. Fleming, do hereby 4 certify that the foregoing proceedings were 5 transcribed byme stenographically and reduced 6 to typewriting under my supervision; that I am 7 neither counsel for, related to, nor employed 8 by any of the parties to the action in which 9 these proceedings were transcribed; and 10 further, that I am not a relative or employee 11 of any attorney or counsel employedby the 12 parties hereto, nor financially or otherwise 13 interested in the outcome of the action. 14 15 16 17 18 19 20 21 22 23 24 25


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